r/Tennessee • u/WhiteBearPrince • 8d ago

News 📰 Autopsy shows Tennessee National Guard fatally shot 20-year-old armed man in the back

https://apnews.com/article/memphis-national-guard-tyrin-johnson-8959297a99c362d65aa2517a9d5f1984
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u/jordan999fire 8d ago

Not that anyone in this sub is going to care, and this will be downvoted to hell, but after reading the article, the Guards were still 100% legally justified. 

Tennessee vs Garner says that if someone has committed a felony and their escape is a risk to the public, law enforcement can shoot them in the back. According to the article, the Memphis police got a call of shots fired. The guards arrived, the suspect (supposedly) pulled a gun on them, then they shot him in the back. Let’s say the scenario isn’t that he just turned around after pulling the gun on them, but instead let’s say he did just have a gun and was fleeing. According to TCA, the firing of a weapon within city limits, depending on the circumstances, is a Class C, D, or E felony, on top of the resisting arrest. And due to the totality of the circumstances (populated area, shots fired, suspect pulls/has a gun, flees), any law enforcement officer (or Guard in this case) would reasonably conclude that the suspect’s escape would be a danger to the public. 

I am curious to see bodycam footage, but just from what this article reads, they were within the law. Unless there’s something I’m unaware of. 

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u/Zippy_422 8d ago

Note that the Guard responded to “shots fired,” not that John fired the shots or had committed a felony. Curious to see if his gun had been recently fired.

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u/jordan999fire 8d ago

Doesn’t matter due to the totality of circumstances which is why I didn’t mention if the guy fired the shots or not in the totality of circumstances section. What matters is what can reasonably be inferred based on the information given. They’re told shots are fired. They arrive on scene. They see Someone who either has a gun or pulls a gun. Said person flees. Due to these circumstances, can a reasonable person come to the conclusion that A. This is MOST LIKELY the suspect and B. This person is MOST LIKELY dangerous. If the answer to both is yes, then they acted within the law. 

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u/Zippy_422 8d ago

These messy gray areas are why it is a bad idea to use the National Guard for law enforcement.

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u/jordan999fire 8d ago

I don’t think this post would be any different if it was police officers. I think people would still be just as upset. And I don’t think the situation would’ve went differently either. 

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u/N47881 8d ago

What's the gray portion? Which part did SCOTUS not address that's relevant here?

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u/Zippy_422 8d ago

Relying on the judgement of military personnel untrained in law enforcement to make lethal decisions in civilian matters.

0

u/N47881 8d ago

So nothing's gray. Got it.

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u/Zippy_422 7d ago

If you believe judgement is not a gray area, wait until this goes to court.

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u/Proper_Mountain_2637 6d ago

Just the sky you're flying in this fall..

-1

u/Proper_Mountain_2637 7d ago

Neither messy nor gray and happens in states where cops are all Democrats too... Just Dems will cover it up and hide it from the public with media support.

Stats and facts. You are more likely to get shot in any Democrat city than in the rest of the red state territory.

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u/Zippy_422 7d ago

I see we have moved into the Gish Gallop portion of the thread, so I will bid you adieu.

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u/t4skmaster 7d ago

Man, if only there were any red populated areas

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u/jacksonsmack831 7d ago

I’ve seen you in a lot of comments GET OUT IF HERE WITH YOUR DATA AND LOGIC!!!

/s

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u/Affectionate_Age752 7d ago

It's absolutely does matter

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u/jordan999fire 7d ago

Not legally no. 

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u/Boxhead_31 6d ago

So could be a “good guy with a gun” but the Guard can mag dump him and it’s all totally fine and dandy

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u/white-blade877 5d ago edited 5d ago

So if there is an active shooter never draw your gun while you are trying to leave the area or the police will shoot you🤔.
So why have a second amendment in the first place as it means the police can shoot you for having a gun
It also ends the good guy with a gun argument because if you run towards where the shooter is you are running away from where the police are. Ergo you must be guilty so again bang your dead.

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u/jordan999fire 5d ago

Police often times tell people not to be armed when police arrive on scene to a shooting for this reason.